Buyer's Guide · 2026
Buying a home is probably the biggest cheque you’ll ever write — and the law expects you to look properly. This is your room-by-room guide to viewing a property: what to open, what to test, what to ask, and when to call in a professional.
Written & verified by
Cara Hendricks
Conveyancing Attorney
Cara is a conveyancing attorney who helps buyers, sellers and agents understand the legal side of property in plain language.
Heading to a viewing? Take our print-and-tick checklist with you so nothing gets missed on the day.
You have a genuine duty here — not just a good idea, an actual legal expectation. The law assumes that before you buy, you will acquaint yourself with the property: open things, test things, ask things. This is your duty to inspect, and it exists whether or not the seller says a word.
The disclosure form is not a warranty. If an agent is involved, the seller fills in a Mandatory Disclosure Form listing defects they know about — but it is a snapshot of what the seller says they know, nothing more. It does not replace your inspection, and in a true private sale it may not even be required. Don’t outsource your homework to a form. Your eyes, hands and nose are the real tool.
There are two kinds of problems a house can have, and the difference decides who pays later.
Patent defects
The stuff you can see on a reasonable look — cracked tiles, a broken window latch, damp stains on a ceiling, a wonky gate. The law expects you to spot these. If you don’t and buy anyway, that is on you. This is what your inspection is really about.
Latent defects
The hidden stuff a normal inspection wouldn’t reveal — a leak behind a freshly painted ceiling, rising damp behind a built-in cupboard, an illegal extension. The good news: if the seller knew and deliberately hid it, the voetstoots (sold as-is) clause does not protect them, and you may have a claim.
Why it matters: inspecting properly is how you catch the patent stuff before you are committed, and spotting warning signs of the hidden stuff tells you where to push, ask harder questions, or call in a professional. It is your best defence — and your strongest negotiating tool.
Bring your phone (torch and camera), wear clothes you don’t mind kneeling in, and go in daylight if you possibly can. You want to see.
Water is a house’s worst enemy, and these rooms are where it shows first.
Kitchen & bathrooms (where the money hides)
Walls, ceilings & floors
Doors & windows
Electrics
Outside — don’t skip this
Some of the most expensive problems are invisible on a walk-through. Flag them with questions and, where you’re worried, a professional inspection.
Building plans
Does every structure — garage, granny flat, that lovely extension — have approved municipal plans? Unapproved work is a latent defect and can become your legal headache after transfer.
Solar, boreholes & anything “added on”
Every fixed improvement raises the same two questions: was it certified, and did the municipality permit it? For solar, battery or inverter systems, ask whether the system was registered and authorised by the City and whether there is a valid Certificate of Compliance — in many metros (Cape Town included) a grid-tied system that was never authorised is treated as illegal, and if it isn’t resolved before transfer, that cost becomes yours. For boreholes and wellpoints, ask whether it is registered and whether the City gave permission when it was sunk. If the seller can’t produce the paperwork, make it a written condition of your offer — not a “we’ll sort it out later”.
Write these down and take them with you.
About the property’s history
About the paperwork (ask for these in writing)
About the running costs & neighbourhood
For anything expensive-to-fix and hard-to-see — the roof, the foundations, serious damp, or a home that’s older or altered — spend a bit on an independent home inspector. It costs a fraction of the problem it can catch, and their report is real leverage when you negotiate.
Negotiate, don’t assume. Under a voetstoots sale, silence means you accepted it. If you want a defect repaired or the price dropped, put it in the offer, in writing, as a condition. A verbal “they said they’d sort it” is worth nothing after transfer.
This guide is general information to help you inspect a property properly. It isn’t legal advice — property law and disclosure rules differ by situation, so for anything specific to your purchase, check with your estate agent, conveyancer, or attorney.
This guide is general information to help you inspect properly — it isn’t legal advice. For anything specific to your purchase, ask our resident attorney Cara — or get an instant answer from our assistant.